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ARTICLE · 01 JUNE 2021

EU General Court Issues Its Decision On The Amazon And Engie State Aid Appeals

Arendt & Medernach
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In its decision regarding Amazon, the General Court concludes that "none of the findings set out by the Commission in the contested decision are sufficient to demonstrate the existence...

European UnionTax
Alain Goebel
Alain Goebel
Danny Beeton
Danny Beeton
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ON MAY 12 2021, THE GENERAL COURT OF THE EUROPEAN UNION (EU) PUBLISHED ITS DECISIONS ON THE APPEALS AGAINST THE FINDINGS OF THE EUROPEAN COMMISSION (EC) THAT STATE AID HAD BEEN GRANTED TO THE AMAZON AND ENGIE BY LUXEMBOURG IN THE FORM OF TAX RULINGS RESULTING IN NON-ARM'S LENGTH TRANSFER PRICING AND INCONSISTENT TREATMENT OF A FINANCING TRANSACTION RESPECTIVELY

In its decision regarding Amazon, the General Court concludes that "none of the findings set out by the Commission in the contested decision are sufficient to demonstrate the existence of an advantage for the purposes of Article 107(1) TFEU, with the result that the contested decision must be annulled in its entirety".  This decision is important because it calls into question the Commission's established approach to state aid investigations involving transfer pricing.

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